Ashwini Kumar ji,
In the meanwhile you may go through the definition and application of the Act below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
174In the meanwhile you may go through the definition and application of the Act below:
"CHAPTER II
DOMESTIC VIOLENCE
3.Definition of domestic violence
For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or clause(b) or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I For the purpose of this section,-
(i) “physical abuse†means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse†includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse†includes-
(a)insults, ridicules, humiliation, name calling and insults or ridicule specially with regard to not having a child or male child; and
(b)repeated threats to cause physical pain to any person in whom th aggrieved person is interested.
(iv) “economic abuse†includes-
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to shared household.
ExplanationII: For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence†under this section, the overall facts and circumstances of the case shall be taken into consideration."
By definition u/s 2 agrieved person is a woman and respondent is a man andit can not be vice versa.
regards
From India, Delhi
Oh Ashwini Kumar ji,
Here is the link for the wlole Act:
Laws -The Protection Of Women From Domestic Violence Act, 2005 ...The Protection Of Women From Domestic Violence Act, 2005 - Laws in India - Bare Act - Full Text Section Wise, DV Act, DVA, Women Protection Law in India.
http://www.vakilno1.com/bareacts/Dom...e-Act-2005.htm - 20k - Cached - Similar pages
regards
From India, Delhi
Here is the link for the wlole Act:
Laws -The Protection Of Women From Domestic Violence Act, 2005 ...The Protection Of Women From Domestic Violence Act, 2005 - Laws in India - Bare Act - Full Text Section Wise, DV Act, DVA, Women Protection Law in India.
http://www.vakilno1.com/bareacts/Dom...e-Act-2005.htm - 20k - Cached - Similar pages
regards
From India, Delhi
Dear members,
Have we reached any conclusion on following things?
1. DV act and 498A acts are dangerously destroying social knitting of Indian family system. And as professionals, this is/was/will affect productivity of professionals. (as some members here have cited with examples too).
2. DV act has opened new dimensions to misuse. Everybody is vulnerable to it.
3. What HR persons should do, if it is directly impacting the productivity of individuals.
Have we reached any conclusion on following things?
1. DV act and 498A acts are dangerously destroying social knitting of Indian family system. And as professionals, this is/was/will affect productivity of professionals. (as some members here have cited with examples too).
2. DV act has opened new dimensions to misuse. Everybody is vulnerable to it.
3. What HR persons should do, if it is directly impacting the productivity of individuals.
Well summarised brother Monit. What is next is the question. Ideas on permanent cure are welcomed. regards
From India, Delhi
From India, Delhi
Dear Dr.Mahanta,
I appreciate your knowledge on the subject.
It is a nice topic to discuss, I might not be that much competent to discuss the misuse of DV act but as far as my understanding is concerned it is very prone to misuse and will definetly harm indian corporate world and organization culture.
I am also thinking of coming "Sexual Harrasement at Workplace Bill" if that is also loosly drafted like DV act then even GOD can't think what will happen.
If all are aware of law then this can solve some of the issues. Most of the people like me are not aware of most of law. The real solution lies with the law makers and implementation body ufortunetly both are very currupt. But if law is loosly drafted and no punishment for misusers; I wonder how we are going to stop misuse?
This law will be highly misused as in WIPRO case. We HR professionals are required to think constructivily for appropriate results.
Time to go...Thanks Dr.Mahanta....
Regards,
Ram Balak
I appreciate your knowledge on the subject.
It is a nice topic to discuss, I might not be that much competent to discuss the misuse of DV act but as far as my understanding is concerned it is very prone to misuse and will definetly harm indian corporate world and organization culture.
I am also thinking of coming "Sexual Harrasement at Workplace Bill" if that is also loosly drafted like DV act then even GOD can't think what will happen.
If all are aware of law then this can solve some of the issues. Most of the people like me are not aware of most of law. The real solution lies with the law makers and implementation body ufortunetly both are very currupt. But if law is loosly drafted and no punishment for misusers; I wonder how we are going to stop misuse?
This law will be highly misused as in WIPRO case. We HR professionals are required to think constructivily for appropriate results.
Time to go...Thanks Dr.Mahanta....
Regards,
Ram Balak
IMHO, there is only one option to oppose such foolish law. Renuka Chaudhary seems to have problems with all the males in the society, and she is making laws based on personal experiences..
This law is affecting young professionals badly, and the height has reached when Mr. Ajim Premji is also in the trap of this legal terrorism in India.
HR fraternity needs to be very sensitive to the affected victims of this and should carve out policies, so as these victims, at least get support from within the companies.
These are my personal views, others are welcome to comment, suggest
Monit
This law is affecting young professionals badly, and the height has reached when Mr. Ajim Premji is also in the trap of this legal terrorism in India.
HR fraternity needs to be very sensitive to the affected victims of this and should carve out policies, so as these victims, at least get support from within the companies.
These are my personal views, others are welcome to comment, suggest
Monit
Ram Balak I don’t think HR people are sensitized enough otherwise why HR person of WIPRO got accused in false case (?) there need to be more awareness
Bal_sandipani says:
"THERE NEED TO BE MORE AWARENESS"
Now IT sector in India is Targeted for Similar Blackmail and Extortion
by Misusing Section 498A of IPC and DV Act.
MISUSE of section 498A laws has become so serious that the
United States Department of State has published the travel warning
on its Web site, http://travel.state.gov, for travellers to India.
Angela Aggeler, a spokesperson for the State Department
in Washington, D.C., says that “American citizens of Indian Origin
are often extremely desirable” to Indian families with marriageable
daughters.
Aggeler, who has lived in India, says she empathises with citizens in
this predicament. “I know how complicated the law is in India,” she says.
Aggeler says the State Department decided to publish the travel warning
after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol .
US state department has issued Advisory to US citizens of Indian Origin warning as under:
"A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crime related to dowry extraction.
Many of the charges stem from the 's inability to provide an immigrant visa for the prospective spouse to travel immediately to the
united states.
The courts sometimes order the to pay large sums
of money to his spouse in exchange for the dismissal of charges
Canadian Government has also issued following advisory:
Growing numbers of Canadian citizens have been caught up
in marital fraud and dowry abuse in India. Most cases involve
Indo-Canadian males who abandon their wives in India after
cheating them out of large sums of money. Other cases
involve misuse of Indians Dowry Prohibition Act. This law,
which was enacted to protect women and makes demanding
a dowry a crime, is sometimes used to blackmail men through
false allegations of dowry extortion. Individuals facing charges
may be forced to remain in India until their cases have been
settled or pay off their spouses in exchange for the dismissal
of charges.
To avoid such problems, you are advised to register your marriage
in India along with a joint declaration of gifts exchanged, as well as
consider a prenuptial agreement.
From United States, Philadelphia
"THERE NEED TO BE MORE AWARENESS"
Now IT sector in India is Targeted for Similar Blackmail and Extortion
by Misusing Section 498A of IPC and DV Act.
MISUSE of section 498A laws has become so serious that the
United States Department of State has published the travel warning
on its Web site, http://travel.state.gov, for travellers to India.
Angela Aggeler, a spokesperson for the State Department
in Washington, D.C., says that “American citizens of Indian Origin
are often extremely desirable” to Indian families with marriageable
daughters.
Aggeler, who has lived in India, says she empathises with citizens in
this predicament. “I know how complicated the law is in India,” she says.
Aggeler says the State Department decided to publish the travel warning
after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol .
US state department has issued Advisory to US citizens of Indian Origin warning as under:
"A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crime related to dowry extraction.
Many of the charges stem from the 's inability to provide an immigrant visa for the prospective spouse to travel immediately to the
united states.
The courts sometimes order the to pay large sums
of money to his spouse in exchange for the dismissal of charges
Canadian Government has also issued following advisory:
Growing numbers of Canadian citizens have been caught up
in marital fraud and dowry abuse in India. Most cases involve
Indo-Canadian males who abandon their wives in India after
cheating them out of large sums of money. Other cases
involve misuse of Indians Dowry Prohibition Act. This law,
which was enacted to protect women and makes demanding
a dowry a crime, is sometimes used to blackmail men through
false allegations of dowry extortion. Individuals facing charges
may be forced to remain in India until their cases have been
settled or pay off their spouses in exchange for the dismissal
of charges.
To avoid such problems, you are advised to register your marriage
in India along with a joint declaration of gifts exchanged, as well as
consider a prenuptial agreement.
From United States, Philadelphia
Dear all,
By now this topic has been viewed 1220 times and about some 20 have participated in the discussion. Every one feels the seriousness the problem and may suggestions have to contain the malady which need to be discussed and implemented. I hope in due course more and more will participate in the discussion.As one among all I too have my insight and to start with here I am pesting below the Article 51-A of the Constitution of India which needs to be amended by a word and a conjuction:
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
The ammendment needed under (e) is that "and man" be added at the end.
Please post your views.
regards
From India, Delhi
By now this topic has been viewed 1220 times and about some 20 have participated in the discussion. Every one feels the seriousness the problem and may suggestions have to contain the malady which need to be discussed and implemented. I hope in due course more and more will participate in the discussion.As one among all I too have my insight and to start with here I am pesting below the Article 51-A of the Constitution of India which needs to be amended by a word and a conjuction:
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
The ammendment needed under (e) is that "and man" be added at the end.
Please post your views.
regards
From India, Delhi
http://www.saveindianfamily.org/blogs/
Tripti Nigam is so greedy person that she physically and emotionally tortured her hapless husband Gaurav and her in-laws so that the house and the car are transferred in her name. How can a woman stoop so low? What dignity is left in a woman if she does not respect her husband? She is a black dirty stamp on womanhood.
First, she made a false complaint of dowry harassment on her husband and in-laws after which Gaurav decided to divorce her. She thought that if Gaurav and his parents spend a day or two in jail then maybe they will breakdown and transfer the house and the car in her name. But she didn’t get enough pleasure in torturing Gaurav. She decided to use the power of DV Act, which is enacted exclusively to be misused. As Renuka Choudhary said, “It is not a bad idea if men suffer.”
She accuses Gaurav and also Azim Premji, his employer. She alleges that because of dating allowance given to Gaurav, he wants divorce. Much to her surprise and a big blow to her conspiracy, Wipro announced that they give no such dating allowance to their employees. Tripti lied. She is a liar and trying to extort money from the corporate chief. How sick!!!
Gaurav was not alone. NGOs like Asha Kiran and Save Indian Family Foundation organized a press conference for Gaurav allowing the people to hear his side of the story. Gaurav revealed that on several occasions, his wife Tripti used to beaten him up. On this Tripti says that no educated man would tolerate such things and therefore Gaurav is lying. Well, Tripti is forgetting that only an educated man would tolerate this because he is mature enough to take such things in his stride instead of attacking her back and sending her to hospital. Gaurav not hitting her back shows his respect for women. Besides, if she thinks that educated people don’t do such things, then what is she? It seems she wants to say that she isn’t educated at all. Moreover, she doesn’t have any respect for her husband and that shows her character.
Meanwhile, press continues to mitigate the situation by showing only Tripti’s side of the story since they have to comply by the agenda of appeasing women’s group. They are trying to give legal mileage to Tripti’s case by concealing the truth about how Tripti has physically and emotionally tortured Gaurav. Press will remain incorrigible.
It is time that Azim Premji, who was once the richest man in the country and who also won Padma Bhushan award in 2005, should sue Tripti Nigam for attempt to defame him and his company. Azim Premji should demand monetary compensation from Tripti for trying to damage his and Wipro’s image. They are taking their own time maybe because women’s groups are requesting him to forgive Tripti.
Meanwhile, many companies are now apprehensive about the way DV Act can be used against anybody by a woman. There is a nagging fear in married men now because DV Act is enacted to allow women to violate all fundamental rights of men legally.
Renuka Choudhary said, “This DV Act will not harm good husband.” She really knows what she is talking about because for her a good husband is he who lives like a slave to his wife. That is what she and all women’s groups want that to happen legally. They want to enact such legal provisions for women in the name of so-called ‘rights’ that women will get powerful enough to send their husband and in-law behind bars if her demands are not met. This is dowry, where a woman is given so-called ‘rights’ to demand anything from her husband, and if he doesn’t agree, he will be sent to jail on a false complaint using laws created exclusively for this purpose.
[/img]
From India, Mumbai
Tripti Nigam is so greedy person that she physically and emotionally tortured her hapless husband Gaurav and her in-laws so that the house and the car are transferred in her name. How can a woman stoop so low? What dignity is left in a woman if she does not respect her husband? She is a black dirty stamp on womanhood.
First, she made a false complaint of dowry harassment on her husband and in-laws after which Gaurav decided to divorce her. She thought that if Gaurav and his parents spend a day or two in jail then maybe they will breakdown and transfer the house and the car in her name. But she didn’t get enough pleasure in torturing Gaurav. She decided to use the power of DV Act, which is enacted exclusively to be misused. As Renuka Choudhary said, “It is not a bad idea if men suffer.”
She accuses Gaurav and also Azim Premji, his employer. She alleges that because of dating allowance given to Gaurav, he wants divorce. Much to her surprise and a big blow to her conspiracy, Wipro announced that they give no such dating allowance to their employees. Tripti lied. She is a liar and trying to extort money from the corporate chief. How sick!!!
Gaurav was not alone. NGOs like Asha Kiran and Save Indian Family Foundation organized a press conference for Gaurav allowing the people to hear his side of the story. Gaurav revealed that on several occasions, his wife Tripti used to beaten him up. On this Tripti says that no educated man would tolerate such things and therefore Gaurav is lying. Well, Tripti is forgetting that only an educated man would tolerate this because he is mature enough to take such things in his stride instead of attacking her back and sending her to hospital. Gaurav not hitting her back shows his respect for women. Besides, if she thinks that educated people don’t do such things, then what is she? It seems she wants to say that she isn’t educated at all. Moreover, she doesn’t have any respect for her husband and that shows her character.
Meanwhile, press continues to mitigate the situation by showing only Tripti’s side of the story since they have to comply by the agenda of appeasing women’s group. They are trying to give legal mileage to Tripti’s case by concealing the truth about how Tripti has physically and emotionally tortured Gaurav. Press will remain incorrigible.
It is time that Azim Premji, who was once the richest man in the country and who also won Padma Bhushan award in 2005, should sue Tripti Nigam for attempt to defame him and his company. Azim Premji should demand monetary compensation from Tripti for trying to damage his and Wipro’s image. They are taking their own time maybe because women’s groups are requesting him to forgive Tripti.
Meanwhile, many companies are now apprehensive about the way DV Act can be used against anybody by a woman. There is a nagging fear in married men now because DV Act is enacted to allow women to violate all fundamental rights of men legally.
Renuka Choudhary said, “This DV Act will not harm good husband.” She really knows what she is talking about because for her a good husband is he who lives like a slave to his wife. That is what she and all women’s groups want that to happen legally. They want to enact such legal provisions for women in the name of so-called ‘rights’ that women will get powerful enough to send their husband and in-law behind bars if her demands are not met. This is dowry, where a woman is given so-called ‘rights’ to demand anything from her husband, and if he doesn’t agree, he will be sent to jail on a false complaint using laws created exclusively for this purpose.
[/img]
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
1.Be a Better Boss and not a Bitter Boss.doc
Big-golf-hole_5 51.jpg